Now that the use of the internet is becoming more wide-spread the Government
is getting more involved in charging defendants with internet-related crimes -
especially involving child pornography. NLPA is leading the way in this
important new field of helping defendants reduce their exposure in cases like
this and in dealing with the true nature of the crime which in many cases
involves getting treatment for the defendant as opposed to lengthy
incarceration. The case of USA v. Bekic is an excellent illustration of
how with proper professional assistance, a defendant can help minimize his
exposure in terms of an active sentence and focus on other ways to resolve his
unfortunate involvement in this type of offense.
In USA v. Bekic, NLPA was contacted by defense counsel after the PSI
had been released recommending a sentence far in excess of the sentence agreed
upon in the plea agreement. Counsel had negotiated a plea calling for a 60
months sentence. However, the PSI included several unanticipated enhancements
under the Sentencing Guidelines and recommended a sentence of 180 months
imprisonment. NLPA and its team of research attorneys quickly went to work to
assist counsel in the preparation of draft objections to the calculations and
Guidelines enhancements contained in the PSI as part of its criminal sentencing
services. Additionally, NLPA assisted counsel by providing a memorandum of law
in support of those objections. Further, NLPA provided additional research
concerning sentencing factors under 18 U.S.C. § 3553(a) demonstrating that the
agreed upon sentence of 60 months imprisonment was appropriate in this case.
NLPA also provided arguments demonstrating that the sentence recommended in the
PSI was greater than necessary to achieve the goals of sentencing, in violation
of the sentencing mandate under § 3553(a)(2). As evidenced by defense counsel's
letter, NLPA's arguments were on point and persuaded the court to sentence the
Defendant to 60 months imprisonment – a reduction of 10 years from the sentence
recommended in the PSI.
